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DELHI HIGH COURT
AMIT BANSAL
Ashok Kumar Puri – Appellant
Versus
S. Suncon Realtors Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of arbitration proceedings (Para 1 , 2) |
| 2. arguments regarding the procedural validity of the original petition (Para 3 , 4 , 5) |
| 3. court's interpretation of jurisdiction under the commercial courts act (Para 6 , 7 , 8 , 9 , 10) |
| 4. maintainability of petition under article 227 of the constitution (Para 11 , 12) |
| 5. court's directive for expeditious handling of the section 34 petition (Para 13) |
JUDGMENT
Amit Bansal, J. (Oral)--The present petition under Article 227 of the Constitution of India impugns the order dated 2nd March, 2021 passed by the Commercial Court South East District, Saket, New Delhi in Arbitration Petition No. 224/2018, whereby the application for condonation of delay in refiling the Section 34 petition on behalf of the respondents has been allowed subject to costs of Rs.5000/-.
2. Brief facts preceding the filing of the present petition are given as under:
(i) An award dated 8th December, 2017 was passed in an arbitration between the parties, whereby the sole arbitrator partly allowed the claims of the petitioners and dismissed the counter claims of the respondents.
(ii) On 10th April, 2018, the respondents filed a Section 34 peti
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